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HomeMy WebLinkAboutED Outdoor Dining Pilot ProgramCITY of Agenda Item No: 4. d no Meeting Date: August 17, 2015 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Economic Development Prepared by: Thomas Adams, City Manager Approval: Economic Development Specialist TOPIC: Proposal for a Pilot Program to Expand the Outdoor Dining Program to Include 'Street Dining' Projects SUBJECT: Proposed Expansion of Program for Use of Sidewalks and Right -of -Way for Outdoor Eating Areas EXECUTIVE SUMMARY: The City of San Rafael has an existing program which allows outdoor dining on City sidewalks. This proposal is to expand the outdoor dining program to allow businesses to use the parking space area within City streets for outdoor dining and other uses. This proposal recommends a three year pilot program to review the effectiveness of the new program. The pilot program would allow up to four 'street dining' projects within the downtown area which would result in the removal of up to eight parking spaces. If the program is deemed a success, staff will propose regulations for an ongoing permanent program. RECOMMENDATION: Adopt resolution, approve the pilot program for the expansion of the use of rights-of-way in downtown for outdoor eating and other uses, and authorize the removal of up to eight parking spaces. BACKGROUND: For over twenty years, the City of San Rafael has had a program in place to allow restaurants and other businesses to use city sidewalks and rights-of-way for outdoor eating areas and other uses. The outdoor dining program allows businesses to place tables and chairs within the sidewalk area for use by their patrons. Most of these outdoor dining areas are on Fourth Street, though they also include the City plaza and several side streets. In certain cases, such as when the City constructs new sidewalks in the downtown, the City has allowed businesses to pay for the construction of additional sidewalk area to 'bulb -out' the sidewalk into the street, which removes several parking spaces and creates a larger area for the business to use as outdoor dining space. Thus, the removal of parking spaces in the downtown area has a precedent in the existing outdoor dining program. FOR CITY CLERK ONLY File No.: 2-21.1 Council Meeting: 08/17/2015 Disposition: Approved SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paue: 2 The existing regulations for the outdoor dining program are found in Section 14.16.277 of the City's Municipal Code 'Use of City Sidewalks and Rights -of -Way for Outdoor Eating Areas' (see Attachment A). This ordinance requires that the business enter into a license agreement with the City, provide liability insurance, provide a site plan for the proposed outdoor seating location, and agree to maintain the area. The zoning requirements and standards for the outdoor dining program are outlined in the Municipal Code Section 14.17.110 (see Attachment B). For the purposes of the pilot program, it should be noted that staff recommends that the Standards in 14.17.110 related to 'Intensification of Use' and 'Fixtures' would not apply. On August 6, 2015 staff presented a summary of the proposed expansion of the Outdoor Dining Program to the Economic Development Sub -committee (consisting of Mayor Phillips and Councilmember Gamblin). The sub -committee discussed the proposed program and recommended it be put on the City Council agenda for consideration. ANALYSIS: Whv Expand the Outdoor Dinina Proaram? The existing outdoor dining program has strong support within the community. People enjoy the option to sit outside restaurants in the sunshine and enjoy the vibrancy of street life. Pedestrians passing by such outdoor dining areas likewise appreciate the way these improvements add to the pedestrian experience. Businesses like the ability to provide additional seating options for their customers and the opportunity to provide a customer amenity to strengthen their business. Programs such as this have the public benefit of providing a community amenity at no cost to the public and enhancing the overall ambiance of the city. Outdoor dining programs such as San Rafael's have a long history in cities around the world. A more recent trend for outdoor seating areas is called 'parklets'. Started in San Francisco in 2010, parklet programs are an urban design element which re -purposes existing public right-of-way (such as parking spaces) for alternative non -motorized uses such as seating, landscaping, art, bicycle parking or other features. The intent of the parklet project is to provide a pedestrian and/or bicycle amenity at the cost of the removal of one or two parking spaces, Parklets are frequently located in front of a restaurant or cafe and they serve as both a community gathering place and streetscape amenity. The Downtown Business Improvement District (BID) and other members of the community approached staff about implementing a 'parklet' style program in San Rafael similar to those in place in other jurisdictions. Staff researched the parklet program and developed options for consideration by the community. Parklet programs are very popular in other communities and staff researched best practices established in other cities such as San Francisco and Berkeley. There are two main urban design differences between the City of San Rafael's existing outdoor dining program and a parklet style program. In the existing outdoor dining program, the majority of the outdoor dining areas are located on the sidewalk adjacent to the business. In a parklet style program, the improvement is done within the street so the sidewalk is between the business and the improvement (similar to the outdoor area at II Davide — See Attachment C). The second major difference is the level of design involved in the two different projects — since the existing outdoor dining program is installed on existing sidewalk, it can be done relatively cheaply and design is not a primary factor. Since parklet programs typically require a platform in order to comply with ADA regulations, they are more expensive and frequently, though not necessarily, involve a higher quality and more innovative design. Thus, parklets are intended to be both a pedestrian amenity as well as an improvement to the downtown streetscape. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paae: 3 Staff conducted outreach with various groups interested in the parklet program. All of the groups surveyed were in support of a parklet-style program in downtown San Rafael. The majority of community members expressed a preference for a program that was similar to the existing outdoor dining program where the sponsoring business maintains control over the dining area. Several community members made comments in support of a business -focused approach, stating that a business owner would be more likely to invest in a project that was primarily focused on his/her clientele and one where they had the ability to manage the space. It should be noted that parklet programs in most other cities are intended for general public use and not related to a specific business (however, there are exceptions such as the City of Long Beach which has a similar program to the one proposed here). In response to this issue, several community members stated that the existing seat walls in the downtown provide adequate public seating opportunities so there is not the same need for public seating areas in San Rafael as there is in other communities. Given that there are some differences of opinion on this issue, staff will work with applicants to encourage general public access and use of these spaces where feasible, but it will be up to the business owner as to how they manage the space. Lastly, there are some dissenting voices to the proposed program - several businesses expressed concern about the loss of parking and several community members expressed a desire for a public access parklet project not connected with a specific business. A 'street dining'/parklet-style program was endorsed by a unanimous vote of the Downtown Business Improvement District Board, the Citizens Advisory Committee on Economic Development and Affordable Housing, and the Bicycle and Pedestrian Advisory Committee (however, several BPAC members had differences of opinion on the details of the program). In addition, this program is consistent with the City's General Plan 2020 Goal 6: "A Vibrant Downtown". General Plan 2020 Goal 6 supports such implementation policies as NH 23 'Full Use of Street System' including the support of alternative transportation modes; NH 25 'Pedestrian Comfort and Safety' to encourage unique pedestrian environments; NH 30 'Pedestrian Environments' to encourage attractive street furniture and other amenities; and NH 34 'Fourth Street Retail Core Design Considerations' which includes a provision to encourage outdoor gathering places. What are the Parameters of the Expanded Outdoor Dininq Pilot Proqram? Since this is a new area of design and construction beyond the scope of the existing outdoor dining program, staff recommends that the City proceed with a limited -scale pilot program to review the impact of these new projects — this will provide real world experience with these type of projects to assist staff to make recommendations for a permanent program. While most of the program details are similar to the existing outdoor dining license program, there are some additional elements outlined below. The pilot program would allow up to a total of four 'street dining' projects within the commercial districts of the downtown — each project would remove a maximum of two parking spaces with a maximum of eight parking spaces removed, if there is sufficient interest in the program. The program will allow up to two 'street dining' projects within any of the three sub -districts (see Attachment D — map). All three sub - districts are bounded on the north and south by Mission Street and Second Street. The east and west boundaries for the three districts are Netherton to A Street, A Street to E Street, and E Street to West End of Fourth Street. The program will set a maximum of two 'street dining' projects per block — this maximum shall include the existing outdoor dining program sidewalk bulb -outs (and thus preclude the block of Fourth between A and B from participation in the program). Parklets would not be allowed on high traffic arterials such as Second and Third Street or on other streets such as Lincoln Avenue which have parking restrictions at certain times. City staff will have the final decision as to whether a parklet is feasible at the particular location. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paae: 4 How Will the New Expanded Prooram Work? The new outdoor dining program will not affect the existing outdoor dining program — all procedures will remain the same for businesses that wish to apply for an outdoor dining license under the existing program. The new program will apply to only those businesses which wish to build a project within the street (and remove existing parking spaces). Public Works will be the lead agency for processing 'street dining' applications with assistance from Economic Development and Community Development staff. Staff will work with the City Attorney's office to ensure agreements, insurance requirements, and other documents reflect the intent of the new program and provide adequate protections for the City. For details on the proposed process for the pilot program, see attached Resolution - Exhibit A. COMMUNITY OUTREACH: Staff has solicited feedback from a variety of community groups including the Downtown Business Improvement District (BID), the Chamber of Commerce Economic Vitality Committee, the Citizens Advisory Committee on Economic Development and Affordable Housing, the Bicycle and Pedestrian Advisory Committee, as well as the City Council's Economic Development Sub -committee. FISCAL IMPACT: The direct fiscal impact to the City would be a loss in parking revenue. Depending on location, each downtown parking space meter typically generates between $2,000 to $4,000 annually. For the purposes of this pilot program a typical two space project should theoretically reduce revenues by between $4,000 to $8,000 annually. However, given that parking demand is anticipated to remain constant, it is anticipated that some, if not most, of these 'lost revenues' would be spread over nearby parking meters and the actual lost parking meter revenue likely would not be nearly as great. Staff is recommending a fee waiver for the pilot program to incentivize businesses to participate at a cost of $932 per project. In addition, there are some additional indirect costs related to staff time required to review and approve outdoor eating area applications. OPTIONS: Given the community desire for more outdoor dining options and the belief that a 'street dining' program will enhance the perception of downtown, staff recommends that City Council approve the limited scale pilot program for up to four'street dining' projects in the downtown. The City Council has the following options to consider on this matter: 1. Accept staffs recommended action to adopt the resolution for a pilot program to expand the current outdoor dining program. 2. Adopt resolution with modifications. 3. Take no action and provide further direction to staff. RECOMMENDED ACTION: Adopt resolution and approve the pilot program for the expansion of the use of city sidewalks and rights-of-way for outdoor eating areas and authorize the removal of up to eight parking spaces. ATTACHMENTS: Resolution A. San Rafael Municipal Code Section 14.16.277 B. San Rafael Municipal Code Section 14.17.110 C. Examples of Parklets and Outdoor Dining Areas D. Exhibit Map of Outdoor Dining Pilot Program Areas RESOLUTION NO. 13995 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING CITY STAFF TO PROCEED WITH A TEMPORARY PILOT PROGRAM FOR THE EXPANSION OF THE OUTDOOR DINING PROGRAM IN THE DOWNTOWN AREA AND AUTHORIZING THE REMOVAL OF UP TO EIGHT PARKING SPACES TO ACCOMMODATE PROJECTS AS PART OF THIS `STREET DINING' PILOT PROGRAM WHEREAS, the City of San Rafael ("City") owns and maintains sidewalks, streets, and other right-of-way areas; and WHEREAS, the City of San Rafael ("City") has an existing outdoor dining program established with the intent to encourage a more vibrant, pedestrian friendly, and aesthetically pleasing downtown; and WHEREAS, the City's General Plan 2020 includes Goal 6: "A Vibrant Downtown". General Plan Goal 6 includes implementation policies: NH 23 'Full Use of Street System' including the support of alternative transportation modes; NH 25 'Pedestrian Comfort and Safety' to encourage unique pedestrian environments; NH 30 'Pedestrian Environments' to encourage attractive street furniture and other amenities; and NH 34 Fourth Street Retail Core Design Considerations which includes a provision to encourage outdoor gathering places; and WHEREAS, one of the City Council's goals is to promote neighborhood and economic vitality through programs which encourage a vibrant downtown; and WHEREAS, one of the City Council's Economic Development Committee's eight priorities is to "Enhance Downtown Streetscape and Image"; and WHEREAS, staff is seeking authorization from the City Council to proceed with a pilot program for expansion of the existing outdoor dining program to include projects which make use of the space within city streets; and WHEREAS, a temporary pilot program will give staff the time to initiate a limited scale program to review the impact of 'street dining' projects and provide 'real world' experience to better inform policies for a permanent program should City Council decide an ongoing program is warranted; and WHEREAS, it has been determined that the adoption of a resolution establishing a pilot program for'street dining' projects is categorically exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15305 (minor alterations to land use limitations); and WHEREAS, the City Council's Economic Development Subcommittee considered the staff's request to implement a pilot program for the expansion of the outdoor dining program at its meeting on August 6, 2015, and recommended approval by the City Council; and WHEREAS, this Resolution does not commit the City to approval of any specific projects as part of this program. All proposed projects will be reviewed and considered on their merits and their compliance with city, state, and federal requirements; and WHEREAS, the staff report accompanying this Resolution provides additional information about the proposed pilot program to expand the outdoor dining program. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as follows: 1. The City Council determines that a 'street dining' pilot program will provide a public benefit for the community. 2. The City Council hereby authorizes staff to implement a pilot program to establish procedures, permitting requirements and criteria for the expansion of the outdoor dining program in the downtown as presented in Exhibit A of this resolution. 3. The City Council hereby authorizes the removal of up to eight street parking spaces within the downtown area. 4. The City Council hereby authorizes the City Attorney to draft agreements and develop associated program requirements for the 'street dining' pilot program to ensure the health and safety of the community. 5. The City Council hereby authorizes staff to waive fees associated with projects approved through this pilot program including the fee for a minor encroachment permit and the outdoor dining license fee. 6. This Resolution shall take immediate effect upon adoption based on the following findings and subject to the following conditions: FINDINGS 1. The proposed pilot program establishing procedures, permitting requirements and criteria for a 'street dining' program would be consistent in principle with the San Rafael General Plan 2020 in that it would a) implement programs, goals and policies NH 23, NH 25, NH 30, NH 34 by increasing opportunities for businesses to provide pedestrian amenities and outdoor gathering areas. 2. The proposed pilot program establishing a 'street dining' pilot program would be consistent with the San Rafael Municipal Code in that it would a) allow the use of city sidewalks and rights-of-way for outdoor eating areas per Section 14.16.277; K and b) set forth guidelines to protect the health, safety, and general welfare of the public, as mandated by the Municipal Code. CONDITIONS 1. This pilot program shall be in effect for up to three years from the date of adoption of this resolution. Fee waivers also will expire at this time. However, at any time, the program can be brought forward to the City Council for review to consider amendments, extensions, or termination of the program. 2. Within eighteen months of adoption of this resolution, the Economic Development Department shall prepare a written report on the progress of the pilot program. The written report shall identify the number of businesses expressing interest in the program, permits issued, complaints received, and summarize any compliance issues or procedural complaints received. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, herby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael held on the seventeenth day of August, 2015, by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bushey r cam- Kms, ESTHER C. BEIRNE, City Clerk EXHIBIT A Process for `Street Dining' Pilot Program The following general process (subject to revision by city staff) would apply for this new 'street dining' permit: Phase 1 — Feasibility/Pre-Application 1. The sponsoring business discusses and gets approval for project from the two immediately adjacent storefront businesses and the property owner. 2. The sponsoring business provides city with a minor continuing encroachment permit application, proposed location for the project, initial concept design and materials, and an outline of the financing plan to construct the project. 3. Department of Public Works staff will review the location and proposed design to ensure compliance with minimum qualifications such as construction feasibility, traffic safety and sightlines, drainage issues, and compliance with the Americans with Disabilities Act (ADA). A representative from the Bicycle Pedestrian Advisory Committee (BPAC) will provide their comments on bicycle and pedestrian amenities. The Downtown Business Improvement District (BID) will provide comments on the overall design. Phase 2 — Design 4. With approval from DPW staff for location and project details, sponsor hires designer to render the proposed parklet design. 5. Sponsor submits design to the City. Traffic Coordinating Committee discusses the project and makes a decision on the encroachment permit request. 6. Should the Traffic Coordinating Committee approve the project, designer prepares more detailed construction documents for the 'Street Dining' project. 7. City staff (DPW, Building Department, and others) review final construction documents and provide comments on any required changes to ensure compliance with traffic safety, California Building Code, ADA, and other applicable local, state, and federal regulations. Phase 3 — Construction and Review 8. Applicant provides insurance and signs Outdoor Dining License Agreement. 9. Applicants hires contractor to construct and install the project. 10. Applicant provides performance bond and any other requirements for construction and encroachment permit is issued. 11. Applicant must install the project within a timely manner or lose the privilege to participate in the pilot program. 12. DPW and City Building Department oversee construction management and final inspections. City inspects the Street Dining project annually to ensure compliance with regulations. 13. After the three year pilot program period, the City may adopt a permanent program or discontinue the program. If the program has not been discontinued, the applicant would have two additional years to modify the parklet to conform to the permanent program. What are the Requirements of 'Street Dining' Applicants To obtain the necessary approvals to construct a 'Street Dining' project, the applicant must provide the city with the following: • Approval from adjacent businesses on each side of store and property owner • Minor Encroachment Permit (fee will be waived as part of pilot program) • Outdoor Dining License Agreement (fee will be waived as part of pilot program) • Insurance per the terms of the outdoor dining license agreement • Performance Bond for removal of the project improvements at the time of their expiration El Desiqn Review Checklist Section 14.17.110 of the Municipal Code provides general performance standards for the existing outdoor dining program. This `street dining' program would be an expansion of the existing outdoor dining program and follow the standards of section 14.17.110 with several exceptions: • The 'Intensification of Use' section of 14.17.110 will not apply for 'street dining' projects. • The 'Fixtures' section of 14.17.110 will not apply for 'street dining' projects. In addition, there will be several general design concepts considered as part of the approval process: • All 'street dining' projects are intended to be an aesthetic improvement to the streetscape and the materials used for these projects should be high quality, durable, and attractive. • All 'street dining' projects will be strongly encouraged to include bike parking. Projects which involve the removal of two parking spaces will require bike parking. • All 'street dining' projects will be strongly encouraged to incorporate landscaping elements with a preference for native and drought tolerant plantings. • Advertising, logos, or other branding are prohibited. • Merchandising or other products for sale are prohibited. • The project design should facilitate easy removal in case of emergency. • All projects shall comply with city, state, and federal regulations including those pertaining to traffic safety, drainage, and accessibility. • All projects are encouraged to use materials that sustainable and easy to maintain. • All projects are expected to follow the general design parameters established in other jurisdictions such as San Francisco - these include generally accepted project footprints, platform details, and enclosure recommendations. Safety features such as bollards and wheel stops may be required. 61 • 14.16.277 - Use of city sidewalks and rights-of-way for outdoor eating areas. I� C. E. F. ATTACHMENT A Notwithstanding any other provisions of this title, the use of city sidewalks or other city rights-of-way for outdoor eating areas is prohibited without a license agreement between the adjacent food service establishment and the city, which license agreement shall be in lieu of any environmental design review permit, use permit, administrative use permit, encroachment permit or other permit required for use of the city sidewalk or right-of-way for such purpose. Such license agreements shall be in a form approved by the city attorney, and shall include the applicable standards provided in Sp:I 9'.II oa a 1 1 ''' W u R; (C), indemnification of the city, and liability insurance naming the city as an additional insured in an amount not less than one million dollars ($1,000,000.00) and in a form as approved by the city's risk manager. Such license agreement also shall be subject to such regulations hereafter deemed necessary by the community development director to protect the public health, safety, and welfare, and as approved by resolution of the city council. Such license agreements may be approved by the community development director and may be revoked at the pleasure of the city council. The placement of outdoor seating area barriers shall allow a minimum six-foot (6') wide clear pathway for sidewalks located within the public rights-of-way. In lieu of the aforementioned license agreement, the city council may enter into a lease agreement between the adjacent food service establishment at a rate and term to be determined by the city council, and as approved by resolution of the city council. (Ord. 1751 § 6, 2000). ATTACHMENT B • 14.17.110 - Outdoor eating areas proposed in conjunction with food service establishments. A. Purpose. The purpose of this section is to promote outdoor seating in conjunction with food service establishments to enhance the pedestrian ambiance of the city. Performance standards ensure that outdoor seating for restaurants and cafes does not adversely impact adjacent properties and surrounding neighborhoods. B. Applicability. Performance standards for outdoor eating areas proposed in conjunction with restaurants or other food service establishments shall apply in any zoning district where food service establishments are permitted uses (as of right or by conditional use permit). Compliance with performance standards for outdoor eating areas shall be reviewed through an administrative use permit and administrative environmental and design review permit process for any existing food service establishment. In cases where the restaurant or food service establishment is being proposed as a new use and is subject to a conditional use permit in the zoning district is which it is located, the performance standards shall be incorporated into the required use permit. Notwithstanding the foregoing, any outdoor eating area located on city sidewalks or rights-of-way shall not be subject to the administrative use permit or use permit process, but shall be regulated as provided in ° �N.x: a ii .non id I4 V a':;n, 2"7 C. Standards. 1. Property Development Standards. The outdoor eating area shall comply with the property development standards for the zoning district in which it is to be located. 2. Accessory Use. The outdoor eating area shall be conducted as an accessory use to a legally established restaurant or food service establishment. 3. Intensification of Use. The proposed area for outdoor eating shall not exceed twenty-five percent (25%) of the indoor seating area. 4. Parking. Parking shall be provided for all permanently covered outdoor seating areas located outside of the downtown parking assessment district in accordance with parking standards in I -N . I 8' a7' e � (Parking requirements). 5. Barriers. If perimeter barriers are proposed around the outdoor eating area, approvals from the community development and public works departments shall be required. Perimeter barriers shall be temporary/movable fixtures unless the sidewalk has been expanded to accommodate an outdoor eating area. In areas where the sidewalk has been expanded, a permanent barrier and/or structure can be considered subject to terms and conditions of a license or lease agreement. If a barrier is bolted to a public sidewalk and is subsequently removed, the sidewalk shall be repaired subject to the review and approval of the public works director. 6. Sunshades. Retractable awnings and umbrellas may be used in conjunction with an outdoor eating area, but there shall be no permanent roof, or shelter over the sidewalk cafe area unless the sidewalk has been previously expanded to accommodate an outdoor eating area. Any awning, umbrella, permanent roof or shelter shall be adequately secured, and shall comply with the provisions of the Uniform Building Code. 7. Fixtures. The furnishings of the interior of the outdoor eating area shall consist only of movable tables, chairs and umbrellas. Movable plant pots or planter boxes are also permitted. Lighting fixtures may be permanently affixed onto the exterior of the principal building, but shall be shielded from adjacent uses. 8. Refuse Storage Area. No refuse structure enclosure or receptacle shall be erected or placed on a public sidewalk or right-of-way. 9. Maintenance. The sidewalk inside the outdoor eating area, the adjacent areas outside of the eating area, and all appurtenances related thereto, shall be steam cleaned or pressure washed on a quarterly basis, and shall be otherwise maintained at all times in good repair and in a clean and attractive condition as determined by the community development director. 10. Hours of Operation. The hours of operation of the outdoor eating area maybe limited depending on surrounding uses. (Ord. 1751 §§ 4, 5, 2000: Ord. 1663 § 1 (part), 1994; Ord. 1625 § 1 (part), 1992). (Ord. No. 1882, Exh. A, § 61, 6-21-10) Examples of Parklets and Outdoor Dining Areas ATTACHMENT C rt I r O4 1� TA YtVVl. A„ 3 Va0 ...,..,, II Nt..,,., ,..,. L, .. C .. LIYCOLN ..,...,.M". .. INN O d y SOIIJ I O LEI— d I � I 3d SNSO09,. I G. U 156 SM � lal10J 4 „ p1.33tus YOa...��"I am I � 1'33aLS . 133aL5 i l w I ,�,,,. eeCC I I I „I 133a15 R yJY1 R 133US 133a15 lg m I r t H III 3 {tl" .M d I v VIAOJI 3 H, V 3;L43AY Rp♦ Js 1 I! 133a1 .. 33{�s '� 1 .r' I ♦v ON a 133 s Vs is vm H v 4 y x s Vi� c is 3 c;, �'Q et Iry L`' 3AVs TynV au If zg w I� �y ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: Use this cover sheet with each submittal of a staff report before approval by the City Council. Save staff report (including this cover sheet) along with all related attachments in the Team Drive (T:) 4 CITY COUNCIL AGENDA ITEMS 4 AGENDA ITEM APPROVAL PROCESS 4 [DEPT - AGENDA TOPIC] Agenda Item # 4 d Date of Meeting: 8/17/2015 From: Tom Adams Department: Economic Development Date: 8/7/2015 Topic: Outdoor Dining Subject: Proposed Expansion of the Program for Use of Sidewalks and Right -of -Way for Outdoor Dining Areas Type: ® Resolution ❑ Ordinance ❑ Professional Services Agreement ❑ Other: APPROVALS ® Finance Director Remarks: MM - Approved 8/8/15 - no changes ® City Attorney Remarks: LG -Approved 8/8/15 with minor comments changes shown. ® Author, review and accept City Attorney / Finance changes Remarks: TBA City Manager Remarks: Correspondence From: Tim Gilbert Sent: Friday, August 07, 2015 5:05 AM To: gerald belletto Cc: Richard Landis Subject: Re: Bikelets Jerry, I would encourage you to craft a letter supporting the park let+bike parking concept but affirming the BPAC preference for public control of the spaces. Even if the spaces are under the control of the business entity, the laws regarding equal access still stand. If private control makes the concept more attractive to the community, I would support any approach that makes these spaces successful. Thanks for following up and being involved. Tim From: gerald belletto Sent: Friday, August 07, 2015 12:15 PM To: Gary Phillips Cc: Kate Colin; Tim Gilbert; Carol Thompson; Richard Landis Subject: Parklets Mayor Phillips I understand that you have met with Tom Adams regarding proposed parklets and bike corrals on 4th St. I attended the CAC meeting for Tom's presentation. His proposal differs radically from the one worked out with Carol Thompson of BID and presented to BPAC. You may recall that BPAC sent a letter in support of the proposal to Council some months ago. The differences can be characterized as ones between public versus private spaces. Tom's recommendations, that have the support of the CAC, call for private control by sponsors of the parking spaces as an extension of their businesses and do not require any bike parking. They are essentially a continuation of the current type of spaces used by several eateries along 4th only using parking spaces instead of bulb outs. They are not public spaces. BPAC's version has the support of the biking community and provide for seating and leisure along 4th as well as the ability to take advantage of anticipated increases in bike traffic associated with the arrival of SMART. Marin is seen as the capital of Bay Area biking and we feel that San Rafael could be the biking capital of Marin. This is a step in that direction. The two proposals, different as they are, do not necessarily conflict. Care must be taken over how many parking spaces can be consumed, but both could work. The issues as seen by BPAC regard their purpose. Tom's could aid individual business and BPAC's serve the public good and the general enhancement of all of downtown. Both proposals appear consistent with General Plan goals. Tom's proposal places the burden of construction cost, estimated between $20,000 to $25,000, upon the applicant along with substantial bureaucratic hurdles. BPAC suggests a shared burden between sponsors and the city. Additional funds by private sponsors have been identified, though without specific details, are uncertain. Tom's proposal places maintenance responsibility upon the sponsor, who can then determine who can use the space and how it is designed. BPAC suggests basic consistency within a framework of whimsical expression to define a unique sense of place. Little additional burden of maintenance beyond that currently preformed by the Downtown Streets Team would be required with the added benefit of ensuring clean and consistent standards. Correspondence Insurance, an additional burden for local' businesses, could easily be folded into the city's coverage but would need additional research by the city attorney. Tom is suggesting an initial pilot of four parklets. BPAC recommends no more than two, giving the public a chance to determine their pleasure. BPAC sees this concept as unique to San Rafael. Projects that might work in other cities do not limit our ability to shape them to our needs and circumstances. We all want a more welcoming pedestrian and bike experience on 4th. BPAC's vision is more inclusive and public with a potential benefit to all the merchants and citizens. We feel that it more closely models the vision expressed in the BPAC Master Plan as well as the General Plan. We recommend its consideration. We are happy to meet with you and other council members for further discussion. 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